civil court

• Usually a court case is the last resort
• Beforehand, it is likely that negotiation will take place
• Research has shown that 89% of people try to resolve issues outside of the courtroom
• If people do not try to resolve via negotiation beforehand, the court may hold it against them
• Legal advice


  If the other party will not settle, a person needs to decide if they wish to take the matter further
• Gaining legal advice


  May lead to a bargaining situation
• If there is no compromise or compensation


  People can choose ADR or to take the issue to court
• Starting a Court Case

  1. Parties are encouraged to exchange information

  2. Pre-action Protocols are to be followed

  3. Information in those Protocols to be given include: Brief details of how the claim has arisen, Why the party is said to be at fault, Any injuries and/or damages, Any other relevant information

  4. If parties need an expert, they should try and agree to use the same expert
• ISSUING A CLAIM


  1. County - can choose any county Court

  2. High - can choose any or the main one in London

  3. Need a N1 Form

  4. Take the form to the court office and pay the relevant fee

  5. For example, in 2013, for a claim up to £300 = £35, The maximum fee for a claim under £5,000 was £120, For claims over £300,000, the fee was £1,670
• DEFENDING A CLAIM


  1. D given 3 months to investigate and respond - they can admit or deny the claim

  2. D may admit the claim and pay the full amount

  3. D may dispute claim - must send N9 form = acknowledgement of service or send their defence to the court within 14 days

  4. If only acknowledgement sent, D has an extra 14 days to serve a defence

  5. If there is no response, the claimant can ask the court for an order in default
• TRACK FINANCIAL LIMITS


  • SMALL CLAIMS - Under £10,000 except personal injury or housing, Limit is £1,000
  • FAST TRACK - £10,000 - £25,000, Straightforward cases
  • MULTI-TRACK - Over £25,000, Complex cases under £25,000
• Small claims


  • This track is needed so the costs do not exceed the compensation available
  • Use of lawyers is discouraged - this keeps the costs down
  • If use a lawyer, you cannot claim the cost from the losing party
  • Usually heard in private but can be heard in an ordinary court
  • Procedure allows for flexibility for District Judges and they are more involved
• Advantages of Small claims

  • Low cost
  • If lose, you do not pay the cost of the other side's lawyers if used
  • Quicker
  • Judge can help parties to explain their case/points
• Disadvantages of Small claims

  • No legal funding available (possible to do through no win, no fee)
  • If the other party is a business, they are more likely to use a lawyer
  • Research shows judges do not always help
  • Only approximately 60% of those that win their case receive the money they are awarded
• Fast track


  • Very strict timetable for pre-trial issues
  • Prevents time-wasting and increasing costs
  • Aim to hear within 30 weeks
  • Usually heard by a District Judge in open court
  • Hearing limited to one day and number of experts use is restricted
• Advantages of Fast track

  • Average wait used to be 85 weeks - now heard within 30 weeks
  • Timetable prevents wasted time and money
• Disadvantages of Fast track

  • Still can take a year for case to reach court
  • Costs are still disproportionate to damages awarded
• Multi-track


  • Deals with the claims worth the most money and most complicated - can be within fast track financial limits but if particularly complicated will be heard within the multi-track
  • Heard by Circuit Judges
  • The judge manages the case and sets timetable and offers ADR
• Advantages of Multi-track


  • Judicial management
  • Experienced judges
• Disadvantages of Multi-track


  • Time consuming and expensive due to complexity of cases
• Which court?


  • County Court - £25,000 or less, Covers small claims and fast track
  • QBD: Any action over £25,000, Contract and tort when over £50,000, Can conduct judicial review - for example, delegated powers, Usually single judge but for some cases can have jury
  • Chancery: Insolvency, trusts, mortgages, property disputes, copyright, Special Companies Court, Never has jury
  • High Court - £25,000 or more, All defamation cases, Two divisions: Queens Bench, Chancery
• FAMILY COURT


  • Used to be part of the High Court
  • Changes made by Crime and Courts Act 2013
  • Fees for domestic violence victims waived
  • No need to worry about claiming to magistrate or County
  • Distribution rules will determine what level of judge will hear the case
  • Can be transferred to High Court but need High Court judge approval
• In 1995 Lord Woolf was asked to review the civil system
• Woolf said the system should:

  • Deliver just results
  • Treat people fairly
  • Offer reasonable costs
  • Offer reasonable speed
  • Be adequately resourced
• Woolf reforms


  • Track system
  • Encourage/incorporate ADR
  • Judicial management
  • More use of IT
  • Shorter timetables
  • Simpler documents
• As a result, the Civil Procedure Rules (CPR) were published in 1999
• The overriding objective - Rule 1.1


  Enable the court to deal with cases justly
• Rule 1.4 - active case management


  1. Identify issues early

  2. Encourage ADR

  3. Deal with procedural steps without needing parties in the courtroom

  4. Give directions to ensure the case is dealt with quickly and efficiently
• Culture of litigation has changed - cooperation is improving
• Delays are reduced between making a claim and the hearing
• Case management conferences successful
• High rate of settlements
• More uniform procedures, paperwork and language used
• Pre-action paper still causing delays
• Use of ADR not really increased and has not been incorporated
• Costs have increased, for example, in fast-track the costs are disproportionate
• Courts still under-resourced and use of IT still primitive
• Advantages of Civil Court System

  • Formal procedure so less chance of abuse of process
  • Parties compelled to attend
  • Full disclosure
  • Final decision binding
  • Can claim back court costs if win but this is risky
• Disadvantages of Civil Court System

  • Time consuming
  • Parties not in control of process or decision
  • Public process
  • Onerous evidentiary burden
  • Remedies available are limited
  • Expensive
  • Even if win, the other side may not be able to pay